Section 13-406 - Definitions. - Maryland Statutes

§ 13-406. Definitions.
 

(a)  In general.- In this Part II of this subtitle the following words have the meanings indicated. 
   
Revisor's Note.

    This subsection is new language derived without substantive change from former Art. 33, § 13-503(a)(1). 

(b)  Incumbent.- "Incumbent" means a member of the General Assembly. 
   
Revisor's Note.

    This subsection formerly was Art. 33, § 13-503(a)(2). 
 

No changes are made. 

(c)  Legislative newsletter.- "Legislative newsletter" means an unsolicited document used by an incumbent, without supervision by, or coordination with, the General Assembly, to disseminate information to a constituent, voter, or potential voter about: 

(1) the incumbent's performance in legislative office; or 

(2) one or more issues of public interest chosen by the incumbent.   
Revisor's Note.

      This subsection is new language derived without substantive change from former Art. 33, § 13-503(a)(3). 

In the introductory language of this subsection, the former reference to a "forum" is deleted as surplusage. 

Also in the introductory language of this subsection, the reference to "a constituent, voter, or potential voter" is added based on similar language in former Art. 33, § 13-503(a)(4) which is revised in subsection (d) of this section. 

Also in the introductory language of this subsection, the phrase referencing an unsolicited document "used by an incumbent, without supervision by, or coordination with, the General Assembly" is added to distinguish legislative newsletters from the Annapolis Report. 

The Election Law Article Review Committee notes, for consideration by the General Assembly, that the definition of a legislative newsletter is restricted to the dissemination of information about an incumbent's performance in "legislative" office. Did the General Assembly intend to limit the regulation of newsletters to only those newsletters that contain information about the incumbent's General Assembly legislative activity? It would appear that information regarding an incumbent's legislative performance as a member of a county council or local board of education or in any other non-General Assembly elected office may be equally relevant to the purpose of this subsection. The General Assembly may wish to clarify this ambiguity. 

In item (2) of this subsection, the reference to issues of public "interest" is substituted for the former reference to an issue of public "importance" for clarity and specificity. 

Also in item (2) of this subsection, the former reference to a "candidate" is deleted as included in the reference to an "incumbent". The Election Law Article Review Committee calls this deletion to the attention of the General Assembly. 

(d)  Publication expense.- "Publication expense" means an expenditure relating to writing, publishing, printing, issuing, mailing, or distributing a legislative newsletter. 
   
Revisor's Note.

    This subsection is new language derived without substantive change from former Art. 33, § 15-503(a)(4). 
 

The former reference to "a voter, potential voter, or constituent" is deleted in light of the definition of a "legislative newsletter". 
  Defined Terms.

   
 
"Expenditure"                                                        § 1-101
 

[An. Code 1957, art. 33, § 13-503(a)(1)-(4); 2002, ch. 291, § 4.]